Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…

A study examined the quantity and quality of libel decisions of the Warren and Burger Supreme Courts to determine how changes in libel law came about, how individual justices voted on libel compared to other issues of freedom of expression, and how permanent constitutional libel rules will be as the more conservative Rehnquist Supreme Court takes…

To examine the status of opinion as protected speech, a study sought answers to three questions: (1) Is opinion protected under the constitution? (2) If protection exists for opinion, has it usurped the common law fair comment defense in libel litigation? and (3) How do the courts define opinion in the context of libel? Answers were sought in…

This paper examines recent court decisions that indicate the extent of constitutional protection extended to opinionated statements made during broadcast commentaries. A brief overview of both the common law and constitutional privileges protecting the expression of opinion is also included in the paper. Specifically, the paper evaluates the…

The purpose of this paper is to examine the current status of freedom of the press with regard to past and present judicial rulings. A section devoted to "The Background of Prior Restraint" examines the historical basis for current legal decisions. In "Threatening Progeny," court decisions unfriendly to the press such as the…

Serious constitutional problems arise when the contempt power of judges clashes with other compelling interests such as those of the First Amendment. The "collateral bar" rule--which requires that court orders, even those later determined to be unconstitutional, must be complied with until amended or vacated--in effect, calls for…

The merits of student arguments challenging the constitutionality of mandatory student fees to finance certain activities or services are examined and balanced against the public university's interest in providing a forum for the expression of diverse and controversial ideas. (MSE)

The Pope called upon Roman Catholic institutions of higher learning to "make known their Catholic identity" by integrating Catholic teaching and discipline in all university activities. Religious institutions find themselves facing precarious legal challenges, where the constitutionality of government appropriations could be challenged,…

Section A of the Media and Law section of the proceedings contains the following nine papers: "RICO and the First Amendment: Racketeering Laws Threaten Free Expression" (Matthew D. Bunker and others); "Press Coverage of the Federal Appellate Courts: Technology and a Shared Notion of Newsworthiness" (Rebekah V. Bromley);…

Public university restriction of faculty expression on the institution's World Wide Web server is discussed based on recent Supreme Court decisions. It is proposed that in some circumstances, content-based restriction of faculty expression is permissible and will not violate the First Amendment academic freedom rights of faculty. (MSE)

This book, an update of the 1988 edition, gives readers a basic grasp of the general legal principles controlling the role of religion in public education with the goal of applying those principles to typical church/state issues. Chapter 1 offers the background of general legal principles needed to understand specific church/state issues. Chapter…